Chapter 1  General Provisions
    Article 1  In order to improve the regulation of total energy consumption and energy intensity, promote the scientific and rational use of energy in fixed-asset investment projects, strengthen energy management, advance energy conservation, prevent energy waste, improve energy utilization efficiency, and promote the achievement of carbon peaking and carbon neutrality, in accordance with the Energy Conservation Law of the People’s Republic of Chinathe "Administrative Licensing Law of the People’s Republic of China," the "Measures for Energy Conservation Review of Fixed Asset Investment Projects" (Order No. 2 of 2023 of the National Development and Reform Commission), the "Gansu Province Energy Conservation Regulations," and the "List of Administrative Licensing Matters of Gansu Province (2022 Edition)" (Gansu Provincial Government Office Document [2022] No. 74), and in light of the actual conditions of our province, these Measures are hereby formulated.
    Article 2 These Measures apply to fixed-asset investment projects constructed within the administrative region of this province. The term “energy conservation review” as used in these Measures refers to the act of reviewing a project’s energy consumption, energy efficiency levels, and energy-saving measures in accordance with energy conservation laws, regulations, policies, and standards, and formulating review opinions. The term “energy conservation review authority” as used in these Measures refers to development and reform departments at the provincial level and below.
    Article 3 The energy conservation review opinion for fixed-asset investment projects serves as an important basis for project commencement, completion acceptance, and operational management.For government-invested projects, the project developer must obtain an energy conservation review opinion issued by the energy conservation review authority before submitting the project feasibility study report. For enterprise-invested projects, the project developer must obtain an energy conservation review opinion issued by the energy conservation review authority before commencing construction. Projects that have not undergone an energy conservation review in accordance with these Measures, or projects that have failed the energy conservation review, shall not be commenced by the project developer; those already constructed shall not be put into production or use.
    Article 4: Operating expenses related to the energy efficiency review of fixed-asset investment projects shall be included in the budget of the development and reform department in accordance with relevant national and provincial regulations, and applications for such funds shall be submitted to the finance department at the same level in accordance with prescribed procedures.
    Chapter II: Management Responsibilities
    Article 5 The Provincial Development and Reform Commission is responsible for providing overall guidance and coordinating energy conservation review work; implementing the national flexible management system for total energy consumption and the binding management system for energy intensity; enforcing policies regarding the deduction of energy used as raw materials and renewable energy consumption, as well as the separate accounting of energy consumption for national key projects; scientifically controlling fossil fuel consumption; and resolutely curbing the blind development of high-energy-consumption, high-emission, and low-level projects.
    Article 6: Energy conservation review authorities shall provide guidance and services to construction units in accordance with the requirements listed on the Gansu Province Online Approval and Supervision Platform for Fixed Asset Investment Projects—including application materials, acceptance methods, review criteria, processing procedures, and processing timelines—to enhance work efficiency and transparency. Higher-level energy conservation review authorities shall strengthen work guidance for lower-level energy conservation review authorities.
    Article 7: For Gansu provincial government investment projects submitted by the National Development and Reform Commission (NDRC) to the State Council for approval or approved by the NDRC, the project developer must obtain an energy conservation review opinion issued by the Provincial Development and Reform Commission before submitting the project feasibility study report.For enterprise investment projects in Gansu Province that are submitted by the National Development and Reform Commission (NDRC) to the State Council for approval or approved by the NDRC, the project developer must obtain an energy conservation review opinion issued by the Provincial Development and Reform Commission prior to commencing construction.
    Article 8. Fixed-asset investment projects shall be subject to tiered management based on energy consumption.
    (1) Provincial Jurisdiction.For fixed-asset investment projects with an annual comprehensive energy consumption of 10,000 metric tons of standard coal or more (for renovation projects where the construction site, primary production processes, and equipment remain unchanged, the annual comprehensive energy consumption increment after completion and commissioning shall be used for calculation; for other projects, the annual comprehensive energy consumption after completion and commissioning shall be used; the electricity conversion factor shall be based on equivalent values, as below), the energy conservation review shall be conducted by the Provincial Development and Reform Commission.
    (2) Municipal Jurisdiction.Fixed-asset investment projects with an annual comprehensive energy consumption of 1,000 (inclusive) to 10,000 (exclusive) tons of standard coal, as well as fixed-asset investment projects with an annual comprehensive energy consumption of less than 1,000 tons of standard coal but an annual electricity consumption of 500 (inclusive) million kilowatt-hours or more, shall be subject to energy conservation review by the competent authority of the city (prefecture) where the project is located.
    (3) Jurisdiction spanning multiple cities (prefectures). For individual projects involving two or more city (prefecture)-level regions, the energy conservation report shall be submitted to the Provincial Development and Reform Commission for approval by the city (prefecture) where the main project is located, in conjunction with the other relevant cities (prefectures).
    (4) Other Provisions. Fixed-asset investment projects with an annual comprehensive energy consumption of less than 1,000 tons of standard coal and an annual electricity consumption of less than 5 million kilowatt-hours, fixed-asset investment projects involving state secrets, and fixed-asset investment projects in industries with simple energy-consuming processes and limited energy-saving potential (the specific list of industries shall be formulated and published by the National Development and Reform Commission) shall be constructed in accordance with relevant energy-saving standards and specifications and shall no longer undergo a separate energy-saving review.
    Article 9: The Provincial Development and Reform Commission shall, in accordance with the unified national deployment and in light of practical circumstances, separately formulate specific measures for regional energy conservation reviews.
    Chapter III Energy Conservation Review
    Article 10. For fixed-asset investment projects subject to energy-saving review, the project developer shall prepare an energy-saving report. The project energy-saving report shall include the following contents:
    (1) Project overview;
    (2) Basis for analysis and evaluation;
    (3) Energy-saving analysis and comparison of project construction and operation plans, including aspects such as site layout, production processes, energy-consuming processes, energy-consuming equipment, and energy metering instruments;
    (4) Energy conservation measures and their technical and economic justification;
    (5) The project’s energy efficiency level and energy consumption status, including energy consumption per unit of product, fossil fuel consumption per unit of product, energy consumption per unit of value added (output value), fossil fuel consumption per unit of value added (output value), total energy consumption, energy consumption structure, fossil fuel consumption, renewable energy consumption and supply security, and energy consumption for raw materials;Comparison of relevant data against national, local, and industry standards, as well as international and domestic industry benchmarks;
    (6) Analysis of the project’s impact on the host locality’s ability to meet energy conservation targets and tasks.
    For projects capable of conducting carbon emissions statistics and accounting, the energy conservation report shall calculate carbon emissions and carbon emission intensity indicators, propose carbon reduction measures, and analyze the impact of the project’s carbon emissions on the host region’s ability to achieve its carbon reduction targets. Carbon emissions statistics and accounting shall be conducted in accordance with the national “Guidelines for Greenhouse Gas Emission Accounting and Reporting”; once the state clarifies relevant accounting methods, such provisions shall prevail.
    The project developer shall issue a written commitment to ensure the authenticity, legality, and completeness of the energy conservation report and shall not evade energy conservation review through improper means such as splitting or merging projects.
    Article 11: For new projects where energy consumption per unit of industrial added value is lower than the provincial energy intensity control target (determined by the Provincial Development and Reform Commission based on targets set by the state), full support shall be provided to meet energy demand; for projects where energy consumption per unit of industrial added value exceeds the provincial energy intensity control target, an equal-volume reduction and replacement mechanism shall be implemented, with replacement regulations to be formulated by the Provincial Development and Reform Commission.
    Article 12: We will resolutely curb the blind development of “high-energy-consumption, high-emission, and low-efficiency” projects.For regions that have not met their energy intensity reduction targets or face severe challenges in achieving them, the approval of “high-energy-consumption, high-emission” projects shall be suspended or restricted in accordance with relevant national regulations; for projects in sectors such as steel, cement clinker, and flat glass—where national and provincial authorities explicitly require capacity replacement—applications for energy conservation review may only be submitted after the capacity replacement has been verified, and the energy consumption required for such projects shall be subject to equal-volume or reduced-volume replacement.
    Article 13: After accepting an energy conservation report, the energy conservation review authority shall commission an institution with the necessary technical capabilities to conduct an evaluation and formulate evaluation opinions, which shall serve as an important basis for the energy conservation review.
    The commissioned review institution shall submit its review opinion within the timeframe specified by the energy conservation review authority. During the review process, the review institution may request the project construction unit to provide explanations or supplementary materials regarding relevant issues.
    Article 14. The energy conservation review authority shall review the project’s energy conservation report from the following aspects:
    (1) Whether the project complies with relevant energy conservation laws, regulations, standards, specifications, and policy requirements;
    (2) Whether the project’s energy consumption analysis is objective and accurate, the methodology is scientific, and the conclusions are accurate; for projects involving energy consumption from raw materials or the use of renewable energy, whether the relevant usage calculations are accurate and supported by evidence;
    (3) Whether the project’s energy conservation measures are reasonable and feasible;
    (4) Whether the calculations of relevant data—such as the project’s total energy consumption, energy intensity, energy efficiency levels, and carbon emissions—are accurate and meet the local management requirements for energy conservation and carbon reduction.
    Article 15: Energy conservation review opinions shall remain valid for two years from the date of issuance. Projects that have not commenced construction within two years or whose completion date exceeds the estimated completion date in the energy conservation report by more than two years shall undergo a new energy conservation review.
    Article 16: For fixed-asset investment projects that have passed the energy conservation review, if there are significant changes in the construction site, scope, scale, energy efficiency level, or energy consumption structure, or if the actual annual comprehensive energy consumption exceeds the level approved in the energy conservation review by 10% or more, the construction entity shall submit an application for amendment to the energy conservation review authority.For major changes—such as project name, construction entity, or project category—that do not affect the project’s energy consumption, the construction entity shall file a record with the energy conservation review authority.
    Article 17. After a fixed-asset investment project is completed but before it is put into operation, an acceptance inspection shall be conducted regarding the production processes, energy-consuming equipment, adoption of energy-saving technologies, and implementation of the energy-saving review opinions as stated in the project’s energy-saving report, and an energy-saving acceptance report shall be prepared. For projects constructed and put into operation in phases, energy-saving acceptance inspections shall be conducted on a phased basis. Projects that have not undergone energy-saving acceptance or have failed such acceptance shall not be put into operation or use.
For projects approved at the provincial level, the municipal (prefectural) level energy conservation review authority where the project is located shall organize the energy conservation completion acceptance, and the energy conservation acceptance report shall be submitted to the provincial-level energy conservation review authority for record-keeping. For other projects, local authorities shall determine the procedures based on actual circumstances.
    Chapter IV: Supervision and Management
    Article 18: Energy conservation reviews for fixed-asset investment projects shall be incorporated into the Gansu Provincial Online Approval and Supervision Platform for Investment Projects for unified management. Online acceptance, processing, supervision, and services shall be implemented to ensure that the review process and results are accessible for inquiry and supervision. Fixed-asset investment projects that do not undergo a separate energy conservation review shall report information on project energy consumption and other relevant details through the Online Approval and Supervision Platform.
    Article 19: During the conduct of energy conservation reviews, the energy conservation review authority shall fully coordinate with relevant industry competent departments and strengthen in-process and post-process supervision. It shall organize supervisory inspections regarding the implementation of energy conservation review opinions and the completion of energy conservation acceptance. A reward and punishment mechanism shall be established to enhance the application of supervisory inspection results. Routine supervisory inspections shall be conducted in accordance with the “double random, one public” principle.
    Article 20. Energy conservation management and supervision departments shall perform their energy conservation supervision duties in accordance with laws and regulations, and shall treat the implementation of energy conservation reviews as a key focus of energy conservation supervision. Energy conservation authorities at all levels shall strengthen statistical analysis of energy conservation review information and regularly monitor the energy consumption and energy efficiency levels of projects that have commenced operations, using this as an important reference for assessing the energy conservation situation and carrying out energy conservation work.
    Article 21. Municipal (prefectural) energy conservation review authorities shall report the implementation of energy conservation reviews in their respective regions to the Provincial Development and Reform Commission on a quarterly basis, and shall submit project energy conservation review information and monitoring data on projects already in operation as required.
    Article 22. The Provincial Development and Reform Commission shall implement dynamic supervision of energy conservation reviews throughout the province, conduct supervisory inspections of the implementation of energy conservation reviews in each city (prefecture), and conduct regular or irregular spot checks on the implementation of energy conservation review opinions. The results of these inspections and spot checks shall serve as an important component in the evaluation and assessment of local energy conservation targets and responsibilities.
    Article 23: Where energy conservation reviews are not conducted in accordance with the provisions of these Measures, or where relevant laws and regulations governing energy conservation reviews are violated, the responsible individuals and entities shall be held accountable in accordance with the law and relevant regulations.
    Chapter V  Supplementary Provisions
    Article 24. Municipal (prefectural) level energy conservation review authorities may formulate specific implementation measures in accordance with relevant laws and regulations, including the Energy Conservation Law of the People’s Republic of China and the Gansu Province Energy Conservation Regulations, as well as these Measures.
    Article 25. The General Office of the Provincial People’s Government, in conjunction with the Provincial Development and Reform Commission, shall be responsible for interpreting these Measures.
    Article 26. These Measures shall take effect from the date of promulgation. The "Implementation Measures for Energy Conservation Review of Fixed Asset Investment Projects in Gansu Province," issued by the General Office of the People’s Government of Gansu Province on January 22, 2017, shall be simultaneously repealed.